130th Ohio General Assembly
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S. B. No. 198  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 198


Senator Mason 

Cosponsors: Senators Stivers, Boccieri, Fedor, Schuring, Miller, R. 



A BILL
To amend sections 1551.20, 4933.32, 5747.08, 5747.98, and 5751.98 and to enact sections 5747.81 and 5751.54 of the Revised Code to create tax credits for investing in renewable energy property.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1551.20, 4933.32, 5747.08, 5747.98, and 5751.98 be amended and sections 5747.81 and 5751.54 of the Revised Code be enacted to read as follows:
Sec. 1551.20.  (A) As used in this section, "solar or wind energy system" "renewable energy property" means any method used directly to provide space heating or cooling, hot water, industrial process heat, or mechanical or electric power by the collection, conversion, or storage of solar or wind energy including, but not limited to, active or passive solar systems. It does not include any equipment that is part of a conventional system for such purposes, that is, a system that does not use solar or wind energy; nor does it include a roof or any windows or walls that would be contained in a similar structure not designed or modified to use solar energy for space heating or cooling, except for those modifications to the design or construction of such roof, windows, or walls that are necessary to their improved use to capture solar energy for space heating or cooling.
As used in this section, "hydrothermal energy system" means any method used directly to provide a heating or cooling effect by causing a thermal exchange with the earth utilizing any water source, including ground or surface water by use of appropriate heat exchange equipment the property described in division (A)(4) of section 5751.54 of the Revised Code.
(B) The director of development shall adopt rules in accordance with Chapter 119. of the Revised Code establishing guidelines for identifying solar, wind, or hydrothermal energy systems and components thereof, and guidelines for the safety and thermal efficiency of such systems renewable energy property. The rules shall distinguish such systems renewable energy property from conventional systems and components thereof, and shall distinguish from conventional roof, window, or wall design or construction those modifications to the design or construction of roofs, windows, or walls that are necessary to their improved use to capture solar energy for space heating or cooling. The rules shall determine the eligibility of solar, wind, and hydrothermal energy systems renewable energy property for the tax exemption credits under section 5709.53 sections 5747.81 and 5751.54 of the Revised Code.
(C) At the request of any person who designs, manufactures, installs, or constructs solar, wind, or hydrothermal energy systems renewable energy property, the director shall review the detailed construction plans and design calculations for any such system property to determine whether the system property complies with the guidelines adopted under division (B) of this section. If the system property complies with the guidelines, the director shall enter the name of the system property on a list of solar, wind, or hydrothermal energy systems renewable energy property eligible for the tax exemption credits under section 5709.53 sections 5747.81 and 5751.54 of the Revised Code.
(D) At the request of any person who desires to design or install a solar, wind, or hydrothermal energy system renewable energy property for his the person's own use, the director shall review the plans for or a narrative description of the system property, and the list of components and materials to be incorporated therein to determine whether the system property complies with the guidelines adopted under division (B) of this section. If the system property complies, the director shall issue a certificate to that effect to the applicant.
Sec. 4933.32.  Every portion of the schedule of an electric light, natural gas, and gas company and every order of the public utilities commission relating to curtailment of residential service by such a company shall apply uniformly to all residential consumers, as defined in section 4911.01 of the Revised Code, and shall not distinguish as to whether the residence of such consumers utilizes a solar, wind, or hydrothermal energy system renewable energy property, as defined in section 1551.20 of the Revised Code.
Sec. 5747.08.  An annual return with respect to the tax imposed by section 5747.02 of the Revised Code and each tax imposed under Chapter 5748. of the Revised Code shall be made by every taxpayer for any taxable year for which the taxpayer is liable for the tax imposed by that section or under that chapter, unless the total credits allowed under divisions (E), (F), and (G) of section 5747.05 of the Revised Code for the year are equal to or exceed the tax imposed by section 5747.02 of the Revised Code, in which case no return shall be required unless the taxpayer is liable for a tax imposed pursuant to Chapter 5748. of the Revised Code.
(A) If an individual is deceased, any return or notice required of that individual under this chapter shall be made and filed by that decedent's executor, administrator, or other person charged with the property of that decedent.
(B) If an individual is unable to make a return or notice required by this chapter, the return or notice required of that individual shall be made and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual.
(C) Returns or notices required of an estate or a trust shall be made and filed by the fiduciary of the estate or trust.
(D)(1)(a) Except as otherwise provided in division (D)(1)(b) of this section, any pass-through entity may file a single return on behalf of one or more of the entity's investors other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code. The single return shall set forth the name, address, and social security number or other identifying number of each of those pass-through entity investors and shall indicate the distributive share of each of those pass-through entity investor's income taxable in this state in accordance with sections 5747.20 to 5747.231 of the Revised Code. Such pass-through entity investors for whom the pass-through entity elects to file a single return are not entitled to the exemption or credit provided for by sections 5747.02 and 5747.022 of the Revised Code; shall calculate the tax before business credits at the highest rate of tax set forth in section 5747.02 of the Revised Code for the taxable year for which the return is filed; and are entitled to only their distributive share of the business credits as defined in division (D)(2) of this section. A single check drawn by the pass-through entity shall accompany the return in full payment of the tax due, as shown on the single return, for such investors, other than investors who are persons subject to the tax imposed under section 5733.06 of the Revised Code.
(b)(i) A pass-through entity shall not include in such a single return any investor that is a trust to the extent that any direct or indirect current, future, or contingent beneficiary of the trust is a person subject to the tax imposed under section 5733.06 of the Revised Code.
(ii) A pass-through entity shall not include in such a single return any investor that is itself a pass-through entity to the extent that any direct or indirect investor in the second pass-through entity is a person subject to the tax imposed under section 5733.06 of the Revised Code.
(c) Nothing in division (D) of this section precludes the tax commissioner from requiring such investors to file the return and make the payment of taxes and related interest, penalty, and interest penalty required by this section or section 5747.02, 5747.09, or 5747.15 of the Revised Code. Nothing in division (D) of this section shall be construed to provide to such an investor or pass-through entity any additional deduction or credit, other than the credit provided by division (J) of this section, solely on account of the entity's filing a return in accordance with this section. Such a pass-through entity also shall make the filing and payment of estimated taxes on behalf of the pass-through entity investors other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code.
(2) For the purposes of this section, "business credits" means the credits listed in section 5747.98 of the Revised Code excluding the following credits:
(a) The retirement credit under division (B) of section 5747.055 of the Revised Code;
(b) The senior citizen credit under division (C) of section 5747.05 of the Revised Code;
(c) The lump sum distribution credit under division (D) of section 5747.05 of the Revised Code;
(d) The dependent care credit under section 5747.054 of the Revised Code;
(e) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code;
(f) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code;
(g) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code;
(h) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;
(i) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;
(j) The joint filing credit under division (G) of section 5747.05 of the Revised Code;
(k) The nonresident credit under division (A) of section 5747.05 of the Revised Code;
(l) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code;
(m) The low-income credit under section 5747.056 of the Revised Code;
(n) The credit for investing in renewable energy property under section 5747.81 of the Revised Code.
(3) The election provided for under division (D) of this section applies only to the taxable year for which the election is made by the pass-through entity. Unless the tax commissioner provides otherwise, this election, once made, is binding and irrevocable for the taxable year for which the election is made. Nothing in this division shall be construed to provide for any deduction or credit that would not be allowable if a nonresident pass-through entity investor were to file an annual return.
(4) If a pass-through entity makes the election provided for under division (D) of this section, the pass-through entity shall be liable for any additional taxes, interest, interest penalty, or penalties imposed by this chapter if the tax commissioner finds that the single return does not reflect the correct tax due by the pass-through entity investors covered by that return. Nothing in this division shall be construed to limit or alter the liability, if any, imposed on pass-through entity investors for unpaid or underpaid taxes, interest, interest penalty, or penalties as a result of the pass-through entity's making the election provided for under division (D) of this section. For the purposes of division (D) of this section, "correct tax due" means the tax that would have been paid by the pass-through entity had the single return been filed in a manner reflecting the tax commissioner's findings. Nothing in division (D) of this section shall be construed to make or hold a pass-through entity liable for tax attributable to a pass-through entity investor's income from a source other than the pass-through entity electing to file the single return.
(E) If a husband and wife file a joint federal income tax return for a taxable year, they shall file a joint return under this section for that taxable year, and their liabilities are joint and several, but, if the federal income tax liability of either spouse is determined on a separate federal income tax return, they shall file separate returns under this section.
If either spouse is not required to file a federal income tax return and either or both are required to file a return pursuant to this chapter, they may elect to file separate or joint returns, and, pursuant to that election, their liabilities are separate or joint and several. If a husband and wife file separate returns pursuant to this chapter, each must claim the taxpayer's own exemption, but not both, as authorized under section 5747.02 of the Revised Code on the taxpayer's own return.
(F) Each return or notice required to be filed under this section shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer's social security number. Each return shall be verified by a declaration under the penalties of perjury. The tax commissioner shall prescribe the form that the signature and declaration shall take.
(G) Each return or notice required to be filed under this section shall be made and filed as required by section 5747.04 of the Revised Code, on or before the fifteenth day of April of each year, on forms that the tax commissioner shall prescribe, together with remittance made payable to the treasurer of state in the combined amount of the state and all school district income taxes shown to be due on the form, unless the combined amount shown to be due is one dollar or less, in which case that amount need not be remitted.
Upon good cause shown, the tax commissioner may extend the period for filing any notice or return required to be filed under this section and may adopt rules relating to extensions. If the extension results in an extension of time for the payment of any state or school district income tax liability with respect to which the return is filed, the taxpayer shall pay at the time the tax liability is paid an amount of interest computed at the rate per annum prescribed by section 5703.47 of the Revised Code on that liability from the time that payment is due without extension to the time of actual payment. Except as provided in section 5747.132 of the Revised Code, in addition to all other interest charges and penalties, all taxes imposed under this chapter or Chapter 5748. of the Revised Code and remaining unpaid after they become due, except combined amounts due of one dollar or less, bear interest at the rate per annum prescribed by section 5703.47 of the Revised Code until paid or until the day an assessment is issued under section 5747.13 of the Revised Code, whichever occurs first.
If the tax commissioner considers it necessary in order to ensure the payment of the tax imposed by section 5747.02 of the Revised Code or any tax imposed under Chapter 5748. of the Revised Code, the tax commissioner may require returns and payments to be made otherwise than as provided in this section.
To the extent that any provision in this division conflicts with any provision in section 5747.026 of the Revised Code, the provision in that section prevails.
(H) If any report, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under this chapter is delivered after that period or that date by United States mail to the agency, officer, or office with which the report, claim, statement, or other document is required to be filed, or to which the payment is required to be made, the date of the postmark stamped on the cover in which the report, claim, statement, or other document, or payment is mailed shall be deemed to be the date of delivery or the date of payment.
If a payment is required to be made by electronic funds transfer pursuant to section 5747.072 of the Revised Code, the payment is considered to be made when the payment is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments.
"The date of the postmark" means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the United States postal service.
(I) The amounts withheld by the employer pursuant to section 5747.06 of the Revised Code shall be allowed to the recipient of the compensation as credits against payment of the appropriate taxes imposed on the recipient by section 5747.02 and under Chapter 5748. of the Revised Code.
(J) If, in accordance with division (D) of this section, a pass-through entity elects to file a single return and if any investor is required to file the return and make the payment of taxes required by this chapter on account of the investor's other income that is not included in a single return filed by a pass-through entity, the investor is entitled to a refundable credit equal to the investor's proportionate share of the tax paid by the pass-through entity on behalf of the investor. The investor shall claim the credit for the investor's taxable year in which or with which ends the taxable year of the pass-through entity. Nothing in this chapter shall be construed to allow any credit provided in this chapter to be claimed more than once. For the purposes of computing any interest, penalty, or interest penalty, the investor shall be deemed to have paid the refundable credit provided by this division on the day that the pass-through entity paid the estimated tax or the tax giving rise to the credit.
Sec. 5747.81. (A) As used in this section, "renewable energy property" includes:
(1) Equipment that uses solar radiation in lieu of traditional energy sources to heat water; actively heat or cool spaces; passively heat spaces; illuminate; generate electricity; distill liquids; desalinate; or detoxify, including related devices used to collect, store, exchange, or condition solar energy, or convert solar energy to other useful forms of energy; and
(2) Equipment used to capture and convert wind energy into electricity or mechanical power, including related devices used to convert, condition, and store the electricity produced.
(B) For taxable years beginning on or after January 1, 2007, there is hereby allowed a nonrefundable credit against the tax imposed by section 5747.02 of the Revised Code for the cost of renewable energy property constructed, purchased, or leased and placed into service during the taxable year with respect to a dwelling owned and occupied by the taxpayer as the taxpayer's principal place of residence during the taxable year. The credit allowed under this section may be claimed for renewable energy property placed into service with respect to no more than one dwelling owned and occupied by the taxpayer during the taxable year. The credit may be claimed only if the renewable energy property complies with the guidelines established by the director of development under section 1551.20 of the Revised Code. Subject to the limitations prescribed in division (D) of this section, the credit shall equal thirty-five per cent of the cost of the renewable energy property constructed, purchased, or leased during the taxable year to the extent those costs are not compensated for by public grants.
(C) A taxpayer shall not claim the credit allowed under this section for any renewable energy property if, prior to claiming the credit on the return required to be filed under section 5747.08 of the Revised Code, the taxpayer disposes of the property, takes the property out of service, or removes the property from this state.
(D) The total amount of credit claimed under this section for renewable energy property placed into service during any taxable year shall not exceed:
(1) One thousand four hundred dollars for a dwelling served by renewable energy property that heats domestic water by solar energy;
(2) Three thousand five hundred dollars for a dwelling served by renewable energy property that uses solar energy to provide active space heating, combined active space and domestic water heating, or passive space heating;
(3) Ten thousand dollars for a dwelling served by any other renewable energy property.
(E) The credit shall be claimed in the order required under section 5747.98 of the Revised Code. The credit, to the extent it exceeds the taxpayer's tax liability after allowance for any other credits that precede the credit under this section in that order, shall be carried forward to succeeding taxable years until fully utilized, provided that the taxpayer shall deduct the amount of the excess credit allowed in any taxable year from the balance carried forward to the next taxable year.
(F) A taxpayer that claims the credit allowed under this section for renewable energy property leased from another person shall obtain a written certification from the lessor that the lessor will not claim the credit allowed under this section or the credit allowed under section 5751.54 of the Revised Code with respect to that property for any taxable year, in the case of a credit allowed under this section, or tax period included in a taxable year, in the case of a credit under section 5751.54 of the Revised Code, for which the taxpayer claims the credit under this section. The lessor or the lessor's authorized agent shall sign the certification. The taxpayer shall make the certification available to the tax commissioner upon the commissioner's request.
Sec. 5747.98.  (A) To provide a uniform procedure for calculating the amount of tax due under section 5747.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled in the following order:
(1) The retirement income credit under division (B) of section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of section 5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of the Revised Code;
(5) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the Revised Code;
(9) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section 5747.29 of the Revised Code;
(11) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of section 5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of section 5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter into agreements with child day-care centers under section 5747.34 of the Revised Code;
(16) The credit for employers that reimburse employee child care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section 5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under section 5747.38 of the Revised Code;
(19) The job retention credit under division (B) of section 5747.058 of the Revised Code;
(20) The credit for purchases of new manufacturing machinery and equipment under section 5747.26 or section 5747.261 of the Revised Code;
(21) The second credit for purchases of new manufacturing machinery and equipment and the credit for using Ohio coal under section 5747.31 of the Revised Code;
(22) The job training credit under section 5747.39 of the Revised Code;
(23) The enterprise zone credit under section 5709.66 of the Revised Code;
(24) The credit for the eligible costs associated with a voluntary action under section 5747.32 of the Revised Code;
(25) The credit for employers that establish on-site child day-care centers under section 5747.35 of the Revised Code;
(26) The ethanol plant investment credit under section 5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code;
(28) The export sales credit under section 5747.057 of the Revised Code;
(29) The credit for research and development and technology transfer investors under section 5747.33 of the Revised Code;
(30) The enterprise zone credits under section 5709.65 of the Revised Code;
(31) The research and development credit under section 5747.331 of the Revised Code;
(32) The credit for investing in renewable energy property under section 5747.81 of the Revised Code;
(33) The refundable jobs creation credit under division (A) of section 5747.058 of the Revised Code;
(33)(34) The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code;
(34)(35) The refundable credits for taxes paid by a qualifying pass-through entity granted under division (J) of section 5747.08 of the Revised Code;
(35)(36) The refundable credit for tax withheld under division (B)(1) of section 5747.062 of the Revised Code;
(36)(37) The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.
(B) For any credit, except the credits enumerated in divisions (A)(32)(33) to (36)(37) of this section and the credit granted under division (I) of section 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.
Sec. 5751.54. (A) As used in this section:
(1) "Cost" and "purchase" have the same meanings as in section 179 of the Internal Revenue Code.
(2) "Qualifying nonresidential land" means lands and improvements thereon classified as nonresidential/agricultural real property under section 5713.041 of the Revised Code.
(3) "Qualifying residential land" means lands and improvements thereon classified as residential/agricultural real property under section 5713.041 of the Revised Code that contain one or more dwelling units that the taxpayer holds for the purpose of leasing to others.
(4) "Renewable energy property" includes all of the following:
(a) Equipment that uses organic matter produced by terrestrial and aquatic plants and animals for:
(i) Production of biofuels such as ethanol, methanol, and biodiesel;
(ii) Anaerobic biogas production of methane using agricultural waste, animal waste, or garbage; or
(iii) Commercial production of thermal or electrical power from renewable energy crops or wood waste materials.
(b) Any device used for converting, conditioning, or storing the fuels, gases, or power described in divisions (A)(4)(a)(i) to (iii) of this section;
(c) Hydroelectric generators that produce electricity by water power or by the friction of water or steam that are located at existing dams or in free-flowing waterways, including related devices used for water supply or control and devices used to convert, condition, or store the electricity generated.
(d) Equipment that uses solar radiation in lieu of traditional energy sources to heat water; actively heat or cool spaces; passively heat spaces; illuminate; generate electricity; distill liquids; desalinate; detoxify; or produce industrial or commercial heat, including related devices used to collect, store, exchange, or condition solar energy, or convert solar energy to other useful forms of energy.
(e) Equipment used to capture and convert wind energy into electricity or mechanical power, including related devices used to convert, condition, and store the electricity produced.
(B)(1) For tax periods beginning on or after January 1, 2008, a nonrefundable credit may be claimed under this chapter for the cost of renewable energy property constructed, purchased, or leased and placed into service on qualifying residential land or qualifying nonresidential land owned by the taxpayer. The credit may be claimed only if the renewable energy property complies with the guidelines established by the director of development under section 1551.20 of the Revised Code. Subject to the limitations prescribed in division (D) of this section, the amount of the credit shall equal thirty-five per cent of the cost of the renewable energy property constructed, purchased, or leased during a calendar year to the extent those costs are not compensated for by public grants.
(2)(a) If the renewable energy property for which a credit is claimed under this section is placed into service on a parcel of qualifying residential land on which is located only one single-family dwelling, the entire credit, exclusive of any credit carry forward allowed under division (E) of this section, shall be claimed for the tax period immediately following the calendar year in which the renewable energy property is placed into service.
(b) If the renewable energy property is placed into service on any other qualifying residential land or is placed into service on qualifying nonresidential land, then:
(i) In the case of a calendar year taxpayer, one-fifth of the amount of the credit shall be claimed for each of the five tax periods immediately succeeding the calendar year in which the renewable energy property is placed into service; and
(ii) In the case of a calendar quarter taxpayer, one-twentieth of the amount of the credit shall be claimed for each of the twenty tax periods immediately succeeding the calendar year in which the renewable energy property is placed into service.
To the extent one-fifth of the credit exceeds a calendar year taxpayer's tax liability for any tax period or one-twentieth of the credit exceeds a calendar quarter taxpayer's tax liability for any tax period, as the case may be, the excess may be carried forward and claimed for succeeding tax periods as provided in division (E) of this section.
(C) No credit may be claimed for any tax period during which the renewable energy property for which the credit is allowed is disposed of, taken out of service, or removed from this state, except that a taxpayer may continue to claim any portion of the credit carried forward from a preceding tax period under division (E) of this section.
(D) The total amount of credit claimed under this section for renewable energy property placed into service during any calendar year shall not exceed:
(1) In the case of renewable energy property placed into service on qualifying nonresidential land, two hundred fifty thousand dollars; and
(2) In the case of renewable energy property placed into service on qualifying residential land:
(a) One thousand four hundred dollars for each dwelling unit served by renewable energy property that heats domestic water by solar energy;
(b) Three thousand five hundred dollars for each dwelling unit served by renewable energy property that uses solar energy to provide active space heating, combined active space and domestic water heating, or passive space heating;
(c) Ten thousand dollars for each dwelling served by any other renewable energy property.
(E) The credit shall be claimed in the order required under section 5751.98 of the Revised Code. The credit, to the extent it exceeds the taxpayer's tax liability for a tax period after allowance for any other credits that precede the credit under this section in that order, shall be carried forward to the next succeeding tax periods until fully utilized, provided that the amount of the excess credit claimed against the tax for any tax period shall be deducted from the balance carried forward to the next tax period.
(F) A taxpayer that claims the credit allowed under this section for renewable energy property leased from another person shall obtain a written certification from the lessor that the lessor will not claim the credit allowed under this section with respect to that property for any tax period for which the taxpayer claims the credit under this section. The lessor or the lessor's authorized agent shall sign the certification. The taxpayer shall make the certification available to the tax commissioner upon the commissioner's request.
Sec. 5751.98.  (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order:
(1) The nonrefundable jobs retention credit under division (B) of section 5751.50 of the Revised Code;
(2) The nonrefundable credit for qualified research expenses under division (B) of section 5751.51 of the Revised Code;
(3) The nonrefundable credit for a borrower's qualified research and development loan payments under division (B) of section 5751.52 of the Revised Code;
(4) The nonrefundable credit for calendar years 2010 to 2029 for unused net operating losses under division (B) of section 5751.53 of the Revised Code;
(5) The nonrefundable credit for investing in renewable energy property under section 5751.54 of the Revised Code;
(6) The refundable credit for calendar year 2030 for unused net operating losses under division (C) of section 5751.53 of the Revised Code;
(6)(7) The refundable jobs creation credit under division (A) of section 5751.50 of the Revised Code.
(B) For any credit except the credit credits enumerated in division divisions (A)(4)(6) and (7) of this section, the amount of the credit for a tax period shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating the credit.
Section 2. That existing sections 1551.20, 4933.32, 5747.08, 5747.98, and 5751.98 of the Revised Code are hereby repealed.
Section 3.  Section 1551.20 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 632, Sub. S.B. 269, and Sub. S.B. 271 of the 120th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.
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